FOR AN ACT ENTITLED, An Act  to revise certain provisions related to the registration of canceled livestock brands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 40-19-13 be amended to read as follows:
     40-19-13.   Any registered brand which is not renewed within one hundred twenty days after January first as provided for in §   40-19-12 is deemed abandoned to the state and may be claimed for use by application if recordable by a new owner by its owner, is canceled, and may not be renewed .
     Section  2.  That § 40-19-14 be amended to read as follows:
     40-19-14.   If an application is made for a brand deemed abandoned during the first two years of the current ownership period and the abandoned brand is recordable, the board shall notify the previous brand owner by certified or registered mail of the application for such abandoned brand. If the previous brand owner fails to rerecord the brand within twenty days of such notice pursuant to this section, the new application shall be granted. Such notice is not required for

recording an abandoned brand after the second year of the current ownership period. The renewal fee option is not available after the one hundred twenty-day renewal period has expired. An abandoned brand may be rerecorded by its previous owner, if recordable, by paying the registration fee and all renewal fees due on the brand for the current renewal period.

During the first two years following the current brand ownership period, only the previous owner may apply for a brand canceled under § 40-19-13. If the brand is recordable, the previous owner may register the brand by paying the registration fee and a one hundred dollar rerecord fee. Moreover, during the two years following the current ownership period, it is not a violation of § 40-19-21;

             (1)    If the previous owner sells livestock bearing the canceled brand; or

             (2)    If the previous owner brands livestock with the canceled brand prior to becoming aware of the cancellation;
and, if the previous owner sells livestock under such conditions, neither the brand board nor any of its agents may withhold the proceeds of the sale from the previous owner.

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BILL HISTORY
January 14 - First read in House and referred to Agriculture & Natural Resources.   H.J.   22
January 21 - Passed, AYES 12, NAYS 0.
January 21 - Placed on Consent.
January 22 - Second reading House.
January 23 - Second reading House.
January 23 - Second reading House.
January 23 - Deferred to another day.   H.J.   95
January 27 - Second reading House.
January 27 - Second reading House.   H.J.   157
January 27 - Deferred to another day.   H.J.   157
January 30 - Second reading House.
January 30 - Second reading House.   H.J.   223
January 30 - Referred to Agriculture & Natural Resources.   H.J.   223
February 4 - Passed as amended, AYES 13, NAYS 0.   H.J.   287